Terms and Conditions
1. scope of application
These General Terms and Conditions apply to the sale of digital content by Denise Gebauer, Brüsseler Straße 22, 13353, Berlin (hereinafter referred to as "we“ resp. „us designated) to the Customer (hereinafter referred to as "Customer“ or „Sie“ resp. „You" designated).
Any terms and conditions of the customer that deviate from and/or go beyond these General Terms and Conditions shall not become part of the contract.
2. Conclusion of contract, storage of contract terms and contract language
The contract is concluded as follows: Only your order of our service is a binding offer to conclude a corresponding contract. To place the order, you go through the ordering process on the website and enter the information requested there. Before sending the order, you have the opportunity to check all order data again and correct them if necessary. Only when you send the order do you make a binding offer to us to conclude a contract.
We can change your offer within five days by
- Sending of an order confirmation by email, post, or
- Request for payment
The date of receipt of our order confirmation or request for payment by you shall be decisive for compliance with the deadline.
We save the contractual provisions, i.e. the order data / registration data and these GTC. You can print or save the contract provisions on your part by using the usual functionality of your browser in each case (there usually "Print" or "File" > "Save as"). The order data/registration data are contained in the overview that is displayed in the last step of the order/registration.
Contract language is German.
Payment can be made either via Paypal or direct bank transfer.
4. Consumer right of withdrawal
Pursuant to Section 356 (5) of the German Civil Code (Bürgerliches Gesetzbuch - BGB), the right of withdrawal shall also expire in the case of contracts for the provision of digital content that is not on a physical data carrier if
a) the consumer has expressly consented to the entrepreneur commencing performance of the contract before the expiry of the withdrawal period,
(b) the consumer has confirmed his knowledge that his consent under subparagraph (a) will cause his right of withdrawal to expire upon commencement of performance of the contract; and
c) the entrepreneur has provided the consumer with a confirmation in accordance with § 312f BGB.
5. rights of use
Our contents are protected by copyright. They may only be used for the intended purpose. Subject to duplication for private and other own use within the framework of the copyright restrictions, they may not be duplicated - not even in part - without our consent (i.e. also not forwarded by e-mail, for example). They may not be distributed, presented, made publicly available or otherwise publicly reproduced, whether on the Internet or in other media.
6. Claims for defects (warranty)
Applies to consumers:
The statutory warranty provisions shall apply to our warranty obligations.
Applies to entrepreneurs:
Insofar as the item is defective, we shall first provide warranty by means of subsequent performance, at our discretion either in the form of rectification of the defect or a replacement delivery. If the subsequent performance has failed, the customer shall be entitled to reduce the consideration or - in the case of significant defects - to withdraw from the contract.
Claims of the customer due to material defects shall become statute-barred one year after delivery of the object of purchase to the customer. Excluded from this are claims for damages by the customer which are directed towards compensation for physical injury or damage to health due to a defect for which we are responsible or which are attributable to gross negligence on our part or on the part of our vicarious agents; the statutory limitation period shall apply to these claims.
7. Exclusions and limitations of liability
For a liability of us for damages applies:
In the event of intent and gross negligence, including that of our vicarious agents, we shall be liable in accordance with the statutory provisions. The same shall apply in the case of negligently caused damage resulting from injury to life, limb or health.
In the event of negligently caused damage to property and financial loss, we shall only be liable in the event of a breach of an essential contractual obligation, but limited in amount to the damage foreseeable at the time of conclusion of the contract and typical for the contract; essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely.
In all other respects, any liability on our part, irrespective of its legal basis, is excluded.
The exclusions and limitations of liability in the above paragraphs (1) to (3) shall also apply mutatis mutandis in favor of our vicarious agents.
Liability due to the assumption of a guarantee or according to the Product Liability Act shall remain unaffected by the exclusions and limitations of liability in the above paragraphs (1) to (4).
9. Choice of law, place of jurisdiction
The law of the Federal Republic of Germany shall apply. The UN Convention on Contracts for the International Sale of Goods is excluded. In relation to a consumer, this choice of law shall only apply insofar as no mandatory statutory provisions of the state in which he has his residence or habitual abode are restricted thereby.
The place of jurisdiction in dealings with merchants, legal entities under public law or special funds under public law shall be the registered office of our company. However, we shall be entitled, at our discretion, to bring an action at the customer's place of business.